The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-07-28

When the court resumed its sitting, at o'clock
Henry n. Span, one of the defendants, who is
attorney. rose to speak in his own behalf
He said he would speak Of the case only where
it touched himself and began by saying that
there was one point in his that
manned uncontr addicted and uncontroverted and
that was that at the meeting Of that board of
csnvassers he was there, and ri9htfully. in the
capacity of attorney for three men who had
County Clerk Sullivan. He said that the testi-
mony had not even shown that he knew that
Bernhamer was to be chairman. and
scheme he not part of it. He then re-
cited the events of the night. seeking to show
from first TO last that all he did was done in his
character an attorney or that when he spoke
as a spectator 1t was only others, many of
them Republicans had spoken He held to it
that concerning the motions and resolutions
with which 1t was sought to connect him that
he gave his legal opinion, and that it was given
fairly and without any evil design He dwelt
long upon his character a lawyer and
citizen, and read the testimony of Judge Howe
as given upon the witness stand in his favor.
Mr.. Spans explanation of his connection with
the conspirators might have been of greater
effect but for his savage attack upon District
Attorney Sellers and his lapses into sarcasm
when he referred to that gentleman He was
specially malignant when he referred to Samuel
E. Perkins while admitting none of the evidence
that witness gave against him, except as to the
$40 that Perkins paid him as contribution for
only place in which he appeared connected was
by reason of his visit with Coy to Room SO, and
rehearsed the testimony of w. j. Craig, of the
Sentinel. on that point Mr. Span spoke from
few minutes after o'clock until about twenty
minutes of f.
Francis J. Matter next spoke He appeared
soley for his brother, Stephen Matter, and at
times was quite overcome With emotion. He
spoke at first in low tone, SO low he could
hardly be heard even by the jury, and when
called upon by the court to speak louder,
planned that he had been ill and not yet
feeling we'll He spoke of his brother Stephen
having been soldier under General Lew
Wallace. VINO had occupied seat upon the
platform with Judge Woods during the morn
ing, and said that their old mother, who had
living with Stephen, did yet know
the disgrace impending over them. Mr.. Matter
spoke bitterly of tine remarks of the prosecutor
as to the saloon business, in which his brother
was engaged, and of the introduction of members
of the police force as character witnesses against
him. lie denounced the agreement entered into
on behalf of witness Perkins, with James IL.
Mitchell prosecutor in the Criminal Court. Civ
ing Perkins immunity there. and attempting to
discount Perkins, evidence by showing that all
the defendants had testified TO the contrary. lie
did no think there was evidence against Stephen
Matter upon which he could be convicted-eYi-
dence without a reasonable doubt
When Mr.. F. j. Matter closed, the clock
showed il to be ten minutes of D. Mr.. Bynum.
who was 10 follow. objected, as he said, he would
be unable to close before the supper hour and he
did not want his speech cut In two To this the
Court said We'll, you can gather 1t u ;and in
sisted upon him taking an hour or so. Mr.. By
mum then arose and said ne would occupy the
time given him with legal argument, giving the
law governing the case and that to-day he would
conclude his argument with the evidence in the
This he proceeded to do. He said
that while he appeared for his partner
Mr.. Beck who was OF the defendants. he
would, in discussing the case. be compelled to
speak generally. Mr.. Bynum read
the indictment and the law it has been pre-
scented in the case from time TO time at various
stages during the last six months
1t il expected that Mr.. ByLum will take up
part of the forenoon to-day Mr. McNntt Will
probably speak and Jason B. Brown Mr.. Clay
pool. who closes for the prosecution, will hardly
be reached before tomorrow.